UNION OF INDIA Vs. BRIJ NANDAN SHARMA

JUDGEMENT

(1.) This writ petition is directed against the judgement and order dated 9.8.2006 passed by the Central Administrative Tribunal, Guwahati Bench, in the Original Application being OA No. 283/2005 affirmed on review vide order dated 26.6.2007 in RA No. 5/2006. By the impugned judgement and order, the learned Tribunal has issued direction to grant ACP to the applicant who is the respondent herein to the next upgradation from Rs. 4000/- to Rs. 6000/- to Rs. 4500 7000/- as Master Craftsman from the date he was eligible for the ACP. On granting of the ACP, the respondent is to get notional benefit increasing his pensionary benefits. Be it stated here that the respondent has already retired from service on attaining the age of superannuation.

(2.) The brief facts leading to filing of the writ petition are as follows :

(3.) The respondent, who was the applicant before the learned Tribunal was a civilian employee under the petitioners i.e. the Indian Army. He was enrolled in 1, Defence Base Workshop, EME (Corps of Electronics and Mechanical Engineering) on 31.1.1967. Thereafter he was absorbed as permanent civilian Pattern Maker in Defence Artisan Staff w.e.f. 1.1.1979. He having qualified in the prescribed trade test, was promoted from the post of Skilled Grade (Pattern Maker) to the Highly Skilled Grade-II w.e.f. 01.07.1987 in the scale of pay of Rs. 1200 1800/-. Thereafter, he having further qualified in the prescribed trade test, was further promoted from the post of Highly Skilled Grade-II to Highly Skilled Grade-I w.e.f. 10.8.1996 in the scale of pay of Rs. 1320 2040/-. The respondent belonging to Grade-C Industrial category retired from service on attaining the age of superannuation. At that point of time, he was in the pay scale of Rs. 4000 6000/- (revised) of Highly Skilled Grade-I.